1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 9, 1917, the 7,736 square meters of forest land B in Daegu-gun (hereinafter “instant land”) was under the name of C.

B. The instant land is currently unregistered, and C (C and address: D) is registered as its owner in the forest land register.

[Ground of recognition] A without dispute, entry of evidence No. 3, purport of the whole pleadings

2. In order to use the Plaintiff’s clan as a clan, the Plaintiff’s clan was assessed in the name of the E, which is the member of the Plaintiff clan.

Therefore, the plaintiff clan seeks to confirm that the land of this case is owned by the plaintiff clan against the defendant.

3. The defendant asserts that there is no benefit for the plaintiff clan to seek confirmation of ownership of the land against the defendant, unless the defendant asserts that he/she is registered as the owner of C in the forest land register of this case, and that the defendant does not dispute the ownership of C.

In light of Article 130 of the Registration of Real Estate Act, if a claim for confirmation of land ownership against the State is unregistered and the land is not registered, or the registrant is unknown on the land cadastre or forest land cadastre, or if there are special circumstances, such as the State continuously denying the ownership of a third party who is a registered titleholder, and thus, the State has the benefit of confirmation (see, e.g., Supreme Court Decisions 93Da58738, Dec. 2, 1994; 2009Da48633, Oct. 15, 2009); furthermore, in the registration of ownership preservation of real estate in light of Article 130 of the Registration of Real Estate Act, if it is impossible to prove that the State is the owner by the land cadastre or forest land cadastre, registration of ownership preservation cannot be conducted by proving the ownership by judgment.

(See Supreme Court Decision 93Da5727, 5734 delivered on April 27, 1993, and Supreme Court Decision 99Da34390 delivered on July 10, 2001, etc.). However, as seen earlier, “C (C, address: D)” is registered as the owner in the forest register as the state of non-registration.